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· 10/27/2021

In re Domenic B.

Syllabus

The respondent biological mother appealed from a Family Court decree terminating her parental rights to her son. She maintained, inter alia, that the decree should be vacated because the trial justice erred in finding that she was unfit to parent her son. The Supreme Court determined that the trial justice did not err in finding parental unfitness due to the respondent's failure to cooperate with case plans developed by the Department of Children, Youth, and Families, which included requiring the respondent to engage in counseling and obtain alternate housing arrangements. The Supreme Court determined that DCYF made numerous referrals and set up services to assist respondent with parenting, counseling, financial stability, and housing but, despite DCYF's efforts, respondent did not fully engage in the services provided by DCYF. Accordingly, the Supreme Court held that there was legally competent evidence to support the trial justice's findings regarding the reasonableness of DCYF's reunification efforts, by clear and convincing evidence. Finally, the Court determined that the decision of the Family Court was in the best interests of the child, who had bonded with his foster family. Accordingly, the Supreme Court affirmed the decree of the Family Court.

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